Stay ahead in the dynamic field of property disputes with insights into key developments and horizon scanning. This topic offers legal practitioners a forward-looking perspective, highlighting emerging trends and potential changes in legislation and case law. Equip yourself with the knowledge to anticipate shifts in the property disputes landscape, ensuring your practice remains agile and informed.
The Online Procedure Rule Committee (OPRC) has published the first rules under the powers conferred by Chapter 2 of Part 2 of the Judicial Review and...
Property Disputes analysis: The Court of Appeal’s decision in the combined appeals of The Courtyard and 14 Park Crescent provides the first appellate...
Restructuring & Insolvency analysis: In Maher v Holmes, the High Court allowed an appeal against a bankruptcy order founded on a judgment debt arising...
This week's edition of Property Disputes weekly highlights includes: amendments to court and tribunal fees, High Court decisions concerning a...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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